UD1429/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                     CASE NO.

Povilas Silkauskas - appellant                                                                          UD1429/2013

against the recommendation of the Rights Commissioner in the case of:

Midland Construction and Engineering – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms O. Madden B.L.

Members:       Mr F. Cunneen

                        Mr S. Mackell

heard this appeal at Dublin on 17th February and 2^nd April 2015

Representation

Appellant:       Mr Michael Hughes-Dillon BL instructed by Mr Barry McAlister of

                        John P. Prior & Co Solicitors, Cogan Street, Oldcastle, Co. Meath

Respondent:    Mr Conor O’Connell of CIF

                        4 Eastgate Avenue, Little Island, Cork

The determination of the Tribunal is as follows:

This case came before the Tribunal as an employee appeal of the recommendation of the Rights Commissioner reference r-133637-ud-13/RGunder the Unfair Dismissals Acts 1977 to 2007 fails and therefore affirms the Rights Commissioner Decision.

Determination

Before hearing the substantive case the Tribunal first had to decide whether the claim had been made inside the statutory time limit. The claimant gave evidence on this issue and told the Tribunal that on 27^th January 2012 he was working on a site in Dublin driving a teleporter when the operations manager phoned him and informed him that he was to report for work to a site in Cork on Monday morning. The claimant did not go to Cork at that time. He felt that it was very short notice.

The claimant got advice from the CIC and later applied for redundancy. He still expected to be offered work by the respondent. In July 2012 his legal representative wrote to the respondent saying that the claimant would accept redundancy. The claimant was not offered work and neither was he paid redundancy.

The claim for unfair dismissal was lodged with the Rights Commissioner on 8^th January 2013.

The tribunal is satisfied that the claimant’s employment ended at the end of January 2012. The claimant quoted no exceptional circumstances that would allow the Tribunal extend the time within which to lodge his claim. The Tribunal finds that it has no jurisdiction to hear this appeal. The recommendation of the Rights Commissioner is upheld.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)